Mediation And Collaborative Law Can Resolve Disputes Amicably
Mediation is an informal, nonadversarial practice that allows a neutral third party to work with aggrieved parties to foster an agreeable solution for both sides. A mediator facilitates dispute resolution by encouraging the parties but does not dictate a final judgment to which the parties must adhere. Mediation is a process, and the objective is to help parties reach an acceptable agreement of their own designation.
Because a mediator works to affect a resolution for both sides, a mediator cannot represent either party in any court proceedings related to the issue. The process and all discussions entered in the pursuit of resolution are completely confidential.
Mediation offers numerous advantages to parties seeking an alternative to the court process. These advantages include the following:
- Because mediation is self-determined, it allows the parties to have substantial control over all aspects of a resolution.
- Parties can tailor their own solutions to suit the particularities of individual needs rather than allowing a judge or jury to determine the fate of a dispute.
- Mediation is extremely cost-effective and avoids the expense associated with litigation and possible lengthy appeals.
- The likelihood of resolving a conflict quickly is far greater with mediation than with traditional litigation due to the large backlog of cases and continued budget cuts in the courts.
- Mediation is less hostile than the adversarial courtroom.
- Instead of pitting parties against each other, it allows them to work together, maintaining civility, while reaching a favorable solution.
Mediation is not intended as a replacement for the judicial process, but instead as an aid. It is a voluntary and nonbinding course of action. If parties cannot reach a satisfactory resolution, the traditional litigation process is still available to them.
Securing a mediator ensures that a qualified and experienced professional will guide you through your conflicts while relying on your own input and participation to privately and confidentially settle any discord in your affairs.
The “Parents are Forever” grant is a way to mediate your case without the cost of the mediator. This grant allows mediation through a court order for clients who are going through a divorce. The parties must make a combined gross income of less than sixty-thousand ($60,000.00) dollars a year and there must be children involved. Your attorney can ask for a court order for this mediation or if the judge determines mediation could be beneficial then he or she will order the parties to mediation.
Is Collaborative Law Right For You?
Collaborative law is another way to resolve family law concerns amicably. Each party hires its own lawyer and they work together, often including experts in communication, financial matters and parenting, etc. Like mediation, collaborative law is private. It is also typically less stressful and expensive than taking a case to trial. While the majority of collaborative cases are resolved, some are not. When that happens, the attorneys must resign from the case and the couple will hire new attorneys to litigate the matter in court.
I Am A Mediator Registered With The Alabama Center For Dispute Resolution
Contact the Pell City law office of Stephanie Bain P.C. today to speak with an Alabama attorney who has met the Mediation Registration Standards and Procedures. My office is in St. Clair County, conveniently located on Cogswell Avenue, right off of Interstate 20. Call 205-235-5030 today for a consultation.